A Hamilton County Court judge has blocked state restrictions on nurse practitioners and other advanced practice clinicians from prescribing or providing drugs that cause abortions. It was the third time the court has granted a preliminary injunction on the issue and is one of many lawsuits stemming from a constitutional amendment protecting reproductive rights in Ohio.
But this won’t be the last opportunity for a court to weigh in on the measure, and opponents of abortion said this ruling will ultimately be overturned.
The Hamilton County judge ruled the restrictions likely violate the 2023 voter-approved reproductive rights amendment. The case involves the use of telemedicine to prescribe abortion-inducting drugs. The American Civil Liberties Union of Ohio filed the lawsuit.
“Consistently courts have said that the state may not interfere with individuals' choices,” said ACLU of Ohio legal director Freda Levenson. “It can only do that if the restriction is for the purpose of protecting an individual’s health. And the state has not found that any of their restrictions serves to protect anyone’s health.”
Kellie Copeland, executive director of Abortion Forward, said this ruling is great news.
“These are qualified, educated, licensed health care professionals who are able to dispense this medication safely and effectively to patients. I think our opponents are really trying to go back to their agenda which is to create barriers to access to care,” Copeland said.
But the state's leading anti-abortion organization said this ruling is another example of a judge overstepping their authority.
“This is an abuse of a local judge’s authority of power and a prostitution of what the voters approved," said Ohio Right to Life President Mike Gondakis.
Gonidakis said the amendment doesn’t remove doctors from the process and in the process give authority to physician assistants, nurse practitioners and certified nurse midwives.
“This is one of the greatest overreaches that I’ve seen in my 17 years at Ohio Right to Life,” Gonidakis said. “And I can assure you that this is all coming to a head, and the Ohio Supreme Court will have the final say on this.”
Aaron Baer, president of the Center for Christian Virtue, also thinks that will eventually happen but he’s not happy with recent rulings from Hamilton County.
“It’s really shown what these radical judges down in Hamilton County can do. We ultimately think that this judge must be and should be overturned,” Baer said.
